J. Darcy and I Transcripts 2011
Phone Call 3 May 2011
2011 J. Darcy’s Man got the story from Nick Stafford that he killed a man on a Bike going through a junction in front of his cattle lorry story. John Darcy thought it was three two or something like that, meaning 3.2 million euro he thought the land for, which was partly the wife’s. I asked J. Darcy was Nick Stafford’s wife alive at the time of the deal and I asked him what year it was he said it was definitely 2004 or 2005. When I asked him had he though Nick Safford’s wife was alive at the time, probably because she had been part owner.
Actual Text: of call: John Darcy speaking after I asked him what the price would have been: “I thought it was 3 2 three two or something like that, then I Austin speaks: three two maybe, and was it in his wife’s name that time, or had he trouble getting it from his wife’s to his. John Darcy replies: Ah he had no trouble, it was just the I said or the tax just. then John speaks: the tax thing I suppose, but sure I suppose just like anything she probably had to sign off on it. I Austin then asked was she alive that time? John Replies: Oh, God she was alive that time, and then I ask him would it have been in her name that time? John replies: I can’t actually remember, now there was something about it anyway She certainly had a big hold on it anyway, like I Wasn’t really that interested at the time, you know what I mean. yeah, I Reply. John says, “it wasn’t really part of my concern.” I Austin then speaks: but it was around 2004 or five. John Replies: “Yeah, it was definitely 2004 or 2005”. Austin then speaks: “Did you get a chance to check anymore about the man that was killed on the bike?”
John replies: Yeah, that’s all I heard, all I got back was the same thing, it was, he came across out of a by road or something straight across the road in front of him, he had no brakes on his bike or something like that. I Austin speaks: It was another fellow I was speaking to, now, this was back in 2008, (I made a mistake here this should be 2009) had a story it was a man and a woman in a car that had come out in front of him, but you think it was more likely a man on a bike. John replies: It was definitely a man on a bike from what I was told anyway, then John says: about a statement saying that, I will take it the rest of the way I speak: if you got him meaning John Nolan to state what Nick Stafford told him about rigging the Auction, he John Darcy would take it the rest of the way through his solicitor. His concern was that he thought it would be unlikely that John Nolan would say anything against Stafford if he was truckin’ and dealin’ with him.
John Darcy and me transcript 14th October 2011 9:17a.m.
Austin: “So you were at her funeral when she died, she was alive that time when you were doing the deal that time in 2005. John Darcy reply’s “She was yeah, Austin speaks: “Gee Just to show how we can make mistakes, I have a piece of paper from the, I think it is from the Wexford People, The Wexford People about her death in 2002. John speaks again: and in a genuine way: “well now maybe she was, I was definitely at the funeral, because I can remember to this day been at it, and I remember Nick and we were standing to one side, I had no involvement with her, I didn’t know her and I do remember Nick crying, and one of the boys, you know, Bradshaw saying: “Fu*k!, imagine that f*cker crying” and we were both quite amused at this man Bradshaw’s comment, and John said then : “You know yourself, Austin if you are not involved in a funeral, you don’t really have any emotion for it.” I then speak and tell him that he had no problem telling a mother of six children to shoot ourselves and then she was saying what about the young children, and he said “Fu*k them out to grass or something like that. John then replies: “Make no mistake about it, he would be the very same with his own kids like, he would talk about some of them as if they weren’t his, he would disown them, they are fuck’in useless, and he’d say that to a stranger, he is a fuckin Dope, most people would have enough cop-on not to say that.” I then speak and check again with John, and I speak: “Just the important bit, the man you were talking to, has got that story off Nick, Nick Stafford, that it was a man coming through a Crossroads on a bike.” But John was quick to emphasize that it was years ago that this man got this story or account from Nick Stafford, this was the same man we were referring to during our phone conversation 3rd May 2011 that it was definitely a man on a bike came straight across the road in front of him that was killed in front of his cattle lorry.
Darcy’s man Bradshaw was right, a woman I know told me, she was at a dance with her friend from Greystones, and when her friend sat down after a dance with Stafford, she mentioned he had asked her out, and when she told him she was married, he replied there need be no strings attached, and after she was filled in, about Stafford and his wife, she got up for the next dance with him, and he tried his luck again, she told him that she wouldn’t leaver her husband at home, as she know knew he would never take his wife out. I knew Darcy had seen him out quit a lot, but never with his wife, as he didn’t know her, and he remarked quite accurately that he went around to the dances as if he were “God’s gift to women.
Stafford use to leave the late Michael Bolger outside in the cattle lorry for hours while he was inside the Bridge Bar in Gorey chatting up the owner the late Monica Keating who died early 2006, Stafford told Michael that he got off very light in a fatal collision in Limerick where he killed a man with his cattle lorry. Michael used to work in the cattle marts as well as having a farm in Poulepeasty, Clonroche probably only about five miles from Quinn’s old mart in Adamstown, Co. Wexford Clonroche and even after he retired, he still enjoyed working or helping out in the Carnew mart, I understand he also had an interest in horses and kept some. Michael died in 2010 after a short illness but had passed on this information many years before this. Monica was well liked, and I believe could be quite outspoken,
Stafford tells different people that he has killed a male person in front of his cattle lorry who was going through a junction or crossroads, and that he got off light with a male person he killed with his cattle lorry in Limerick. It is very unlikely it would have ever been possible to prove who the person was going through a junction or crossroads that he killed in front of his cattle lorry in Limerick, if he hadn’t given Mr John Nolan some vital information regarding the name of the purchaser of the 15 acres of his own land that he sold at public auction in the Porter house pub, where he claimed that he knowingly took fictitious bids to get the price up and that the purchaser originally came from Oylegate, Enniscorthy, Co. Wexford, and the fact that he said the purchaser owned a yacht, along with some other information that helped corroborate that this conversation took place between he and John Nolan, He also gave one other clue to John that day in March 2010 to help zone in on the year that he claimed the male person was killed in front of his cattle lorry, and also a clue that the person was young.
the young school girl standing outside of her own drive way holding her younger sister’s hand whilst waving to the other children on the school bus on the offside was always the victim , and not the man who killed her who described how he had seen her body come down the windscreen, and while we know he was on his own side or he would have crashed into the bus, we know her body ended up in the dyke after the momentum of his car eventually came to a halt, and it was the late Dr Sutton who pronounced her dead, and contrary to what Mr. Stafford said about her mother of this young school girl shaking his hand, she stated clearly she most certainly did not shake hands with Stafford and felt he should have been able to make some effort to stop and avoid killing her daughter, she had just come back from the dentist with her son. He drove almost ninety miles to a dancehall called “Showboat in Youghal at the time, very shortly after about five or six miles from where he killed her, so it certainly didn’t affect him . The mother of this young girl did say that it had come back to her that some of the Guards had been keeping an eye on him as he had never been tested for drink. (This would have been around the same time period that he was trying to buy a Brucellosis infected cow from the late Mr. Ned Condren who was from Ballycoog, Co. Wicklow. But Ned refused to sell it to him.) A farmer about three miles away from us told me he bought three in-calf cows during 1974 and all three aborted the following week. His wife also verified this. It was very obvious these three cows had recently been in contact with a brucellosis infected animal or material from a cow that had aborted. I noticed Stafford also had an advert in the paper in 1974 for 40 Friesen springers Brucellosis free through Kinsella Estates for sale. During 2006 when Mr Stafford was threatening my wife, he told her that he was worth twenty-million, and they would clean us out along with plenty of other abuse and threats and that if she were a little girl, he would pick her up and shake her and that no fu**ing judge would listen to her, while none of us were aware he killed a little girl many years before this, we now know he was making it very clear that he didn’t think much of killing a little girl.
Dermot Sherlocks Letter dated 18th September 2007, and one can see while Dermot has made some mistakes, as the reason I went to him in July 2006 was to check if the Contract was valid if brought about under false pretences Re advert in September 2004, but one can see clearly his attitude towards young children and his lack of regard for them in D Sherlocks letter Sept 2007 quoting Caroline. I think there may never have been any issue or a serious problem if Mr. N. Stafford had said nothing to anyone about killing a person in front of his cattle lorry going through a junction.
it was stated also during a subsequent letter or earlier the complaint Re “Threatening and demanding money with menaces”
We hadn’t been aware he had killed a young schoolgirl outside her own driveway whilst holding her younger sister’s hand waving to the other children on the bus which was on the offside after they had come back from music lessons in Youghal, when Stafford was threatening my wife Caroline that if she were a little girl, he would pick her up and shaker her albeit 33 years later. Caroline had stated in August 2007 we had been under a reign of terror for almost two years. She stated in August 2007 that I knew she felt threatened and her levels of confidence and ability to live each day happily wasn’t possible, she stated she felt petrified and insecure and not able to cope in the same capable manner as before.
David Tarrant had said before the10th July 2013 that he could go around saying he was raping women every week and that was Okay, probably as a result of N Stafford telling different people about a young girl he had killed, and people he had killed in front of his cattle lorry, I was so astonished at this, that I asked to bring in a witness for the next meeting Wednesday 10-July 2013 , and this time, David told us that he could go around saying he was the one on the motorbike or moped that caused Lady Diana’s death. This created a problem, since due to the “Fit and Proper Person “rule requirement for an Auctioneer’s licence or Certificate or a solicitor’s practitioner’s Certificate, and it became worse after 2014, and 2015. Sometimes things can get complicated, especially after becoming aware of Nick Stafford’s rate of Commission of 1% in 2002 and how he deceived and defrauded Mr. John Joe Mc Carthy, who was a very decent likable and honest man after he sold his farm October 2002 using the Warren Estates brochure.
Mr. Andrew Tarrant, who had previously assaulted a woman after trespassing onto her property, stated to a third party in 2022 that he agreed with it too, that a man going around saying he was raping women every week was okay, this was extraordinary considering a beautiful young woman who was a mother was viciously assaulted and murdered across the street from his office in 2019.
13 -Sept 2011. I rang and left a message for my solicitor that was acting for me in 2006 and 2007 at 9:00 am that morning. An experienced man in livestock and a good judge of cattle or Suckler cows and I went to look at some in-calf Limousin cross heifers that a farmer near Enniscorthy on the Blackwater Road had for sale. When we arrived, he the farmer just remarked on a big fire in his neighbour’s place across a few fields from him. On the previous weekend and he told us there were two fire brigades attending to the fire, as there was a large quantity of big square bales of straw, which would have been stacked tight together like “Weetabix” in a rick or shed, and he mentioned the two fire brigades were there for 20 hours costing €750.00 per hour each and the bill came to €30,000. This farmer remarked that his insurance cover only allowed him €5,000 fire brigade cover which was quite typical at the time and he was going to get it increased. He then mentioned to me that the farmer was Paddy Kehoe, Chief Superintendent, Catherine Kehoe’s husband. On the way back my solicitor rang me back on a different matter me regarding a significant amount of money that I had paid him for negotiating partly with myself the extra money for the sale of the Farm Entitlements, of which I had to buy replacement ones. My solicitor confirmed that this was the case. During late October2015 I became aware after chatting to some friends, that Mrs. Catherine Kehoe came from a farm at Ballybeg near Ferns on the Carnew road. A man who used to work with my father told me Stafford had a farm rented out on the Carnew road out of Ferns, while his own herd and herd number was locked up with Brucellosis at Castlebridge, and he was using the herd number on this farm. During October 2008 a man and his wife we both knew well from the Tullow area, Co. Carlow when visiting us one evening mentioned to us that Stafford was widely suspected in the Tullow area of trying to spread BSE. I am more inclined to think or suspect that he may have been looking for an opportunity to claim compensation from an infected herd. It was easy to why either of the auctioneer’s institutes refused to have anything to do with him. It was really extraordinary that Mrs. Catherine Kehoe who was Garda Superintendent from 2005 was allowing Mr. N Stafford apply for an Auctioneer’s Certificate or licence every July using it to benefit and profit from white collar crime, apart from “Threatening and Demanding money with Menaces.
A woman noticed during a conversation with N. Stafford in early December 2008, that he was being very tough when he was boasting that he would spend between five and six thousand Euros on suits for himself in Louis Copelands every year, so she alluded to him that my memory may not be too bad. Around October November 2008 I was selling a nicely finished continental heifer to a man for a supermarket, with a clear specification for quality and grade 3 fat score, and while we were chatting, he mentioned to me that Nick Stafford was known as “Squeaky Nick”. This was the first time I had heard of this one. I soon began to realise that he went by this, and was known by this name amongst most of his peers especially in the cattle or cow trade, after chatting with other people who knew him, and after an auctioneer in Wexford referred to him as Squeaky Nick”, it was obvious.
The French Exchange student staying with us in April 2009, went home Friday 10th April 2009, and Caroline and I went to the Enniscorthy cattle mart the following Tuesday morning and we met quite a few people we knew. During the sale a good friend of mine Mr. Merrigan from Avoca who knew both of us well and we hadn’t seen for quite a good many years came over to us and we were chatting for quite a while and he mentioned he had Limousin cross heifers in-calf for sale. He mentioned something about the Kilkenny cattle sale, and something about Nick Stafford wanting to shake hands with me. A few days or a week later I called up to view the heifers, which suited , and while we were looking at them, I asked him was it the day in the Kilkenny cattle sale that Stafford mentioned that he wanted to shake hands with me, and he replied no, it was that day in the Enniscorthy cattle sale, it was Nick Stafford who said would love to go over and shake hands with that man over there and Thomas replied who do you mean, and Nick Stafford replied that man Austin Fanning siting down over there with his wife Caroline, Mr. Merrigan then said to him , why don’t you go over now and shake hands with him, Stafford replied, I would only for the guards won’t let me. Thomas said he hadn’t noticed we were there at the sale, before this.
Stafford complained to John Nolan on the Roscrea trip around 2011 that his sister Tolleen wouldn’t pay for her half of the cost of getting his mammy’s headstone polished, which seemed a bit much after boasting he was worth 20 million and walking in for Christmas dinner every year with his two hands swinging empty.
Mr. Ryan Byrne his nephew with Jonathan had driven up past our home over 15 years ago and were trying to get a good look in. I was surprised when David Tarrant’s man stated that I told him that I had seen Ryan driving by, after David Tarrant had represented him for dangerous driving in 2006 after coming out of Jumpin Jacks night club very energised, bringing police on a 21-mile-high speed car chase at speeds of up to 100 miles per hour on narrow country roads switching off the lights going through cross roads, etc. Garda Hayes surmised, was so he could guess whether or not there was oncoming traffic. Some of what was described was rather like Matt Damon as Jason Bourne in the Paris police car chase in the 2002 Bourne Identity, film/ movie. Ryan had been involved in another police car chase a couple of years before this where he had swapped seats with the driver, and Tarrant and Tarrant had represented him in this case also. I knew Ryan well but I hadn’t been aware of this until well after 2012. I knew him well and found him pleasant. I was surprised at Tarrant’s putting this in after he had been banned from driving for quite a number of years in 2006.
Sometimes fact can be stranger than fiction,
I was reading a piece in the Wicklow People newspaper about the case over suspended Garda Smith from an incident on a warm night in June 2017, Assault causing harm was the contention of the prosecution after the man was brought to Wexford General Hospital and found to be suffering from a collapsed lung here a man by the name of Kenny who probably was being a bit silly perhaps, sitting down scuttered on the ground, under pressure after being in the pub earlier, after drinking six or seven pints and a concerned member of the public called into the station and reported it, Garda Jacinta Gordon there described Kenny as pleasant enough, Garda Smith had overreacted in manhandling Kenny during an arrest in the Gorey station ,where Kenny actually ended up with a collapsed lung which was discovered in Wexford General Hospital afterwards. Detective Garda Catherine Keogh gave evidence of Kenny’s treatment in court. I knew Catherine Keogh who was from Aughrim too, and I had reported some of my property that had been taken without my consent, and on another occasion, under different circumstances we had an interesting conversation regarding the amount of children we each had and the cost of family holidays, among other things. I have had about five or six phones taken since 2012 apart from fire resistant document Safes, one taken in 2014 and the other taken in 2015. One phone in particular, a SONY XPERIA was taken on a beautiful Sunday morning 13th August 2017. I remember this one very well for three reasons, one was that I had to walk into Gorey to report it. On the 27-February 2018 I had another cheaper phone taken, I had got so used to trying to locate my phones using the Android system, and I had seen this phone’s location going through Kilanerin, after trying one other test first from my computer to check for it, and then location. I got a lift into Gorey Garda (police) station sometime later and reported it to Garda Smith, who tried ringing it also, but it just went to voicemail at that stage. I had another older damaged NOKIA 3 Phone with a screen which had been damaged on the 11-January-2018 after getting caught or pinched slightly in the tailgate of my pickup truck when taking my bike out in the dark whilst visiting a man, I knew, and discovered my phone the next morning, after I went over to my pickup, where the man who gave me, a lift parked it. There were a lot of vertical lines going up through the screen with different colours, and people tell me the phones with this kind of damage normally don’t work for long, so I went into the phone shop, and the lad there was of the same view, and so I bought another NOKIA 3 for about 100 Euros Huawei Y6 Phone of similar spec and price for about 100 Euros on the 26th February2018, this one was taken , when my attention was distracted and after I got a lift into the Garda station, and reported it , GARDA Smith rang it for me , and it went to voicemail, and I knew then it had been switched off or something similar. When I got back home and possibly a day later, I got a new sim card and put it into the NOKIA-3 phone with the damaged screen, and I noticed a missed call message15:12 on 27/02/2018 from the Gorey GARDA Station, this would have been the time he rang it after I reported it to him.
During an interesting discussion with Darcy regarding drink driving attitudes etc. During the 1960s and 1970s, there was a reasonably casual attitude, he mentioned there was a case years ago in Oylegate where a doctor knocked down and killed two or three people in Oylegate, Enniscorthy, and got off with a fine of only £10. I decided recently to look it up, and I could see he had a really good memory, but I noticed the doctor also had some very good defence witnesses in the court case Trial that followed and ran for about a week from 27-February-1962 to the 6th March1962.
The Irish Independent 28-Feb.1962
Seven witnesses gave evidence yesterday when the Trial was continued, in the Central Criminal Court of Dr. Patrick John Daly (58), Bree House, Enniscorthy, who is charged with the manslaughter of James Kinsella (72), fisherman, and Joseph Cullen (45), farm worker, both of Oylegate, Enniscorthy on April 24 last. He is also charged with driving a car while drunk and with dangerous driving.
The hearing was adjourned until today.
Michael Walsh, Oylegate stated that he saw Joseph Cullen cycling near the scene of the accident. He had a bright front light. A car passed travelling at between 50 and 60 miles an hour. It came around a corner on its correct side and as it approached witness it veered to its right.
Walking home Matthew Kelly, Oylegate, said he met Kinsella in a public house at Oylegate. “They had a few drinks and left to go home about 11.15 pm He walked on the grass margin and Kinsella walked close to his right-hand side. Two men passed on bicycles. A few minutes later a car approached from behind. Witness continued: “The car came onto the grass and struck us. I was thrown into the ditch. When I got up, I saw a car stopped up the road and went up to it. I saw a man lying on the road.” Witness now knew that the man was Joseph Cullen. Dr. Daly was kneeling beside him and there was a bicycle lying on the road. He asked Dr. Daly where James Kinsella was, and he said he did not know. Witness added that Dr. Daly staggered back to his car.
In Hospital for week
In reply to Mr. Bell, S.C. defending, witness said he walked on the grass margin all the time and Kinsella walked at the edge of the road. Witness was in hospital for a week. Witness knew nothing about a mug being found on the road, nor about a half-bottle of stout being found in Dr. Daly’s car. Witness had not put it there. He had not taken drink with him from the public house. Kinsella had drunk three half-pints of beer. Witness denied that he said to Dr. Daly after the accident:” What are you going to do about me, you knocked me down,” and that Dr. Daly had said “Go away and stop a car.”
Thomas Cullimore, Wexford stated that he stopped his car at the scene of the accident. Dr. Daly appeared to be very shocked, he said to the Witness “get the other car, it dazzled me”.
Mrs. Kinsella, widow of James Kinsella identified a broken mug as one her husband had on the night in question.
Doctor’s evidence: Dr. John Fennelly said he was driving from Wexford to Enniscorthy and reached the scene of the accident about 11.30 pm.
He examined the two men who were dead. He was examining a third man, Matthew Kelly, who was in a car, when Dr. Daly said, “if you have any doubt send him to hospital.”
In reply to Mr. Bell, witness said that earlier that night he had been in the company of Dr. Daly and Mr. Hayes in the Talbot Hotel, Wexford.
Mr. Bell- Did he show any signs of intoxication? I would say he had a few taken.
Was he intoxicated? – He was in good form; I would not say he was drunk.
At the scene of the accident what was his condition? I thought he was perfectly alright.
Were you satisfied he could drive a car? Yes
Witness said he had one drink with Dr. Daly at about 10.50.pm.
Mr Justice Henchy- he was then in good form? -Yes
GARDA’S Opinion
Garda M.J. Keevans, Oylegate stated that he arrived at the scene of the accident at 11.50pm
He asked Dr. Daly what had happened, and he replied: “What about the other car; are you going to make an effort to get that car?” when witness asked” what car?” Dr. Daly replied, “You are getting no Statement from me”.
Dr. Daly’s voice was thick and slightly incoherent, and it was with an effort that he spoke. He appeared to take no interest in what was going on around him. Witness was of opinion that he was drunk and incapable of driving. The two left wheels of Dr. Daly’s car were in the ditch. Witness found a half-pint stout bottle, one-third full, in Dr. Daly’s car. It had no cork. When Dr. Daly left the scene, he walked with a noticeable stagger. Witness found a broken mug in a bag under the body of James Kinsella.
Police broadcast
In reply to Mr. Peter Maguire, who is with Mr. Bell, witness said a police notice was broadcast about another car. He did not come to a hasty conclusion about Dr. Daly’s condition. He decided after observing him for five minutes, that he was suffering from the effects of in intoxicating liquor. Witness would not know if Dr. Daly was suffering from shock. He found the stout bottle under the front passenger seat Mr. Daly’s car. Replying to Mr. Wellwood, S.C., who with Mr. Sean Breathnach (instructed by Mr. W. Conway, assistant State solicitor), is prosecuting witness said it was as a result of the broadcast that Mrs. Dorothy page came forward to give information.
Garda G. F. Moran, Oylegate, stated that he was also of opinion that Dr. Daly was drunk and incapable of driving a car. When Dr. Daly got into his car to switch off his lights, he fell over on the passenger seat. Dr. Daly staggered, and when witness went to hold him, he pulled away.
At the Garda station, when asked if he wished to make a statement, Dr. Daly said, “You will get no statement from me.” He said he wanted to telephone a solicitor.
Evening herald 2nd March-1962 evidence of the doctor continues.
Dr. Patrick J. Daly-ownership and registration
(57) Bree House, Enniscorthy, who faces a double charge arising out of a motoring fatality near Oylegate, Co. Wexford, on April 24 Continued his direct evidence in his defence in the central Criminal Court today.
He has pleaded not guilty to the manslaughter of James Kinsella (72) Fisherman, and Joseph Cullen (45), farm worker, both of Oylegate; withdriving while drunk, and with dangerous driving. When the prosecution case closed yesterday Mr. justice Henchy refused an application for a direction on all counts and Dr. Daly in his opening evidence told his Counsel Mr Bell S.C. that the night of the accident “was so filthy you could hardly drive.” The accused in further evidence said that when he arrived at the Garda station after the accident, he said to the sergeant that “he had trouble up the road and wanted to get his solicitor.” He told him he would not make a statement until he had seen his solicitor. He did not say “you will not get a statement from me”.
Phoned
Witness phoned his solicitor. Mr. Mc Evoy, who told him not to make a statement until he arrived.
Mr. Bell-Up to that time that the Superintendent arrived on the scene had any suggestion been made to you that you were drunk? None whatsoever. Drink was never mentioned. What was the first inclination you got that there was any suggestion you were under the influence of drink? – When the Superintendent came along and asked me if I would like as doctor to examine me. It just clicked with me then what the idea was If the suggestion had been made before that you were under the influence of drink would you have looked for a doctor yourself? -I would right away
Stout found- Mr. Bell Evidence has been given that a bottle of stout was found in your car. Was that yours? Definitely no.
When Mr. Wellwood S.C., prosecuting, was cross examining he asked Dr. Daly about
A jury in the central Criminal Court yesterday, found Dr. Patrick Daly (57) of Bree House, Enniscorthy, Co. Wexford, guilty of driving without due consideration for other users of road. He was fined £10 and discharged. Dr. Daly was found not guilty of the manslaughter to manslaughter of James Kinsella (72), fisherman, and Joseph Cullen (45), farm worker, both of Oylegate by striking them with his motor vehicle
On the night of April 24 last at Oylegate
Verdict Today expected in doctor’s trial today 6-March-62 The Irish Press
Defence Witnesses
Today a verdict expected in the trial at the Central Criminal Court, of Dr. Patrick J. Daly (58), of Bree House, Enniscorthy, who is charged with the manslaughter of James Kinsella (72), fisherman and Joseph Cullen (45), farm worker, both of Oylegate, Co. Wexford, by striking them with his car on the night of April 24 last. He is also charged with driving while drunk and dangerous driving. At the conclusion of the evidence yesterday, Mr. D. Bell, S.C., defending, addressed the jury and was followed by Mr. S. Breathnach, prosecuting.
Mr. Justice Henchy said he would charge the jury this morning.
Earlier witnesses for the defence said they noticed nothing wrong with the doctor that night. James Kavanagh said he saw the doctor in the bar of the talbot Hotel that night. The doctor. The doctor had one drink and drove off afterwards quite normally. Later that night, said Mr. Kavanagh, he was driving his own car and came on the scene of the accident. He went for a priest and afterwards drove Dr. Daly with two gardai to Oylegate Garda Station. The doctor seemed very depressed and did not talk much but showed no signs of drink.
James Walsh a member of the Wexford Co. GA.A. selection committee, said he was at the match that evening with Dr. Daly, who showed no signs whatsoever of having drink taken. At the committee later there was also no sign that he had drink on him. He disagreed with Mr. Walsh the barman, who said Dr. Daly left the bar at 9.30. The meeting finished a minute or so before 10 pm. He was very definite that was the time.
Patrick Boggan, Walshestown, killinck, Co. Wexford, another member of the committee also said Dr. Daly was perfectly normal at the match. He came into the meeting about 9.20, answered some questions about the fitness of players and took part in a discussion about transport of players to Dublin. said Dr. Daly consulted a notebook and said hr would not be able to travel with the players that weekend as he had an important appointment. said Dr. Daly was the same as at any other meeting and at no time gave the appearance of being under the influence of drink. The meeting ended about 10pm.or five minutes before that, and Dr. Daly left just in front of him. The meeting had been on about five or six minutes before Dr. Daly arrived.
Gerard Newe, Enniscorthy, said the match ended about 8.45 pm. Dr. Daly was about ten minutes in the Talbot Hotel bar and had one drink. He did not notice anything abnormal about him and he did not seem to have any drink taken. Later he saw Dr. Daly walking straight over to his car and driving away in front of him normally.
7-March-1962 A jury in the central Criminal Court yesterday, found Dr. Patrick Daly (57) of Bree House, Enniscorthy, Co. Wexford, guilty of driving without due consideration for other users of road. He was fined £10 and discharged. Dr. Daly was found not guilty of the manslaughter of James Kinsella (72), fisherman, and Joseph Cullen (45), farm worker, both of the central Criminal Court yesterday, found Dr. Patrick Daly (57) of Bree House, Enniscorthy, Co. Wexford, guilty of driving without due consideration for other users of road. He was fined £10 and discharged. Dr. Daly was found not guilty of the manslaughter to manslaughter of James Kinsella (72), fisherman, and Joseph Cullen (45), farm worker, both of Oylegate.
John told me a man or probably more likely the priest said an “Act of contrition”. Into the deceased’s ear, I often remember hearing about this when I was in primary school in the 1960’s, 1970. I often remember hearing this back then that an “Act of contrition could be said into the deceased’s ear if they hadn’t time to say it before they died. I suppose this could be controversial.